Sie sind auf Seite 1von 25

Sec. 70.

Adverse claim
Whoever claims any part or interest in registered land
adverse to the registered owner, arising subsequent to the
date of the original registration, may, if no other provision is
made in this Decree for registering the same, make a:
statement in writing setting forth fully his alleged right or
interest,
and how or under whom acquired,
a reference to the number of the certificate of title of the
registered owner,
the name of the registered owner, and
a description of the land in which the right or interest is
claimed.
2
The statement shall be  signed and sworn to, and shall state
the adverse claimant's residence, and a place at which all
notices may be served upon him. This statement shall be entitled
to registration as an adverse claim on the certificate of title. The
adverse claim shall be effective for a period of thirty days from
the date of registration. After the lapse of said period, the
annotation of adverse claim may be cancelled upon filing of a
verified petition therefor by the party in interest: Provided,
however, that after cancellation, no second adverse claim based
on the same ground shall be registered by the same claimant.

3
Before the lapse of thirty days aforesaid, any party in interest
may file a petition in the Court of First Instance where the
land is situated for the cancellation of the adverse claim, and
the court shall grant a speedy hearing upon the question of
the validity of such adverse claim, and shall render judgment
as may be just and equitable. If the adverse claim is adjudged
to be invalid, the registration thereof shall be ordered
canceled. If, in any case, the court, after notice and hearing,
shall find that the adverse claim thus registered was
frivolous, it may fine the claimant in an amount not less than
one thousand pesos nor more than five thousand pesos, in its
discretion. Before the lapse of thirty days, the claimant may
withdraw his adverse claim by filing with the Register of
Deeds a sworn petition to that4 effect.
Adverse claim, nature
and purpose

5
Adverse claim is a statement in writing setting forth a
subsequent right or interest claimed involving the property,
adverse to the registered owner.

6
Rights still under
negotiations are not
adverse claim
A claim based on a future right does
not ripen into an adverse claim as
defined in Section 70 of Presidential
Decree No. 1529. A right still subject to
negotiations cannot be enforced
against a title holder or against one
that has a legitimate title to the
property based on possession,
ownership, lien, or any valid deed of
transfer.

Cathay Metal Corporation
7
vs. Laguna
West Multi-Purpose Cooperative
The purpose of annotating the adverse claim on the
title of the disputed land is to preserve and protect the
right of the adverse claimant during the pendency of
the controversy.

It is a notice to third persons that any transaction


regarding the disputed land is subject to the outcome
of the dispute.

For the special remedy of adverse claim to be availed


of, it must be shown that there is no other provision in
the law for registration of the 8claimant’s alleged right
in the property.
The annotation of an adverse claim is a
measure designed to protect the interest of a
person over a piece of real property, where the
registration of such interest or right is not
otherwise provided for by the Property
Registration Decree, and serves a warning to
third parties dealing with said property that
someone is claiming an interest on the same or
a better right than that of the registered owner
thereof.
Martinez vs. Garcia
Requisites of an adverse
claim
The following are the formal requisites of an adverse
claim:
 The adverse claimant must state the following in
writing:
(a) his alleged right or interest
(b) how and under whom such alleged right or interest
is acquired
(c) the description of the land in which the right or
interest is claimed
(d) the number of the certificate of title
 The statement must be signed and sworn to before
a notary public or other officer authorized to administer
oath
 The claimant should state his residence or the
place to which all11notices may be served upon him
Registration of adverse
claim

12
Two parts of Section 70:

The petition of the party who claims any part or


interest in registered land, arising subsequent to the
date of the original registration, for the registration
of his adverse claim, which is a ministerial function
of the Register of Deeds absent any defect on the face
of the instrument.

The petition filed in court by a party in interest for


the cancellation of the adverse claim upon a showing
that the same is invalid. 13
Incidents which may not
be registered as adverse
claim

14
Deed of sale with assumption of mortgage
An adverse claim of ownership over a parcel of
land registered under the Torrens system based
on prescription and adverse possession (Sec47)
Annotation on the title of the land in question
the pendency of guardianship proceeding by
means of a notice of lis pendens
Deed of sale (Sec57)
The claim arose prior and not subsequent to the
date of the original registration
15
Recorded adverse claim is
constructive notice of an
existing claim over the
property

16
Ching vs. Enrile

It is upon registration that there is notice to the


whole world. But where a party has knowledge
of a prior existing interest, as here, which is
unregistered at the time he acquired a right to
the same land, his knowledge of that prior
unregistered interest has the effect of
registration as to him. Knowledge of an
unregistered sale is equivalent to registration.
17
Ching vs. Enrile
Here, petitioners’ adverse claim is annotated at the back of the
title coupled with the fact that they are in possession of the
disputed property. To us, these circumstances should have put
respondents on guard and required them to ascertain the
property being offered to them has already been sold to another
to prevent injury to prior innocent buyers. A person who
deliberately ignores a significant fact which would create
suspicion in an otherwise reasonable man is not an innocent
purchaser for value. It is a well-settled rule that a purchaser
cannot close his eyes to facts which should put a reasonable man
upon his guard, and then claim that he acted in good faith under
the belief that there was no defect in the title of the vendor.
18
Registration court may
determine the validity of
adverse claim

19
The validity or efficaciousness of an adverse claim may
only be determined by the court upon petition by an
interested party.

It is only when such claim is found unmeritorious that


the registration of the adverse claim may be cancelled.

Section 70 does not distinguish between a court sitting as


a land registration court and a court of general
jurisdiction.
20
Adverse claim not ipso
facto cancelled after 30
days; hearing necessary

21
Sajonas vs Court of Appeals
In ascertaining the period of effectivity of an inscription of adverse
claim, we must read the law in its entirety. Sentence three,
paragraph two of Section 70 of P.D. 1529 provides:
“The adverse claim shall be effective for a period of thirty days
from the date of registration.”

At first blush, the provision in question would seem to restrict the


effectivity of the adverse claim to thirty days. But the above
provision cannot and should not be treated separately, but should
be read in relation to the sentence following, which reads:

“After the lapse of said period, the annotation of adverse claim


may be cancelled upon filing of a verified petition therefor by the
party in interest.” 22
Sajonas vs Court of Appeals

It should be noted that the law employs the phrase “may be


cancelled,” which obviously indicates, as inherent in its
decision making power, that the court may or may not order
the cancellation of an adverse claim, notwithstanding such
provision limiting the effectivity of an adverse claim for
thirty days from the date of registration. The court cannot be
bound by such period as it would be inconsistent with the
very authority vested in it.

23
The Register of Deeds cannot unilaterally cancel the
adverse claim. There must be a court hearing for the
purpose. The reason for this is to afford the adverse
claimant an opportunity to be heard, providing a venue
where the propriety of his claimed interest can be
established or revoked, all for the purpose of
determining at least the existence of any encumbrance
on the title arising from such adverse claim.

This is in line with the provision “that after


cancellation, no second adverse claim shall be
registered by the same claimant.”
24
Is the validity of a foreclosure sale and the consequent sale of the
property at public auction affected by the fact that an adverse claim is
registered after the annotation of the mortgage on the certificate of
title?
The settled doctrine is that the effects of a foreclosure sale
retroact to the date of registration of the mortgage. Hence, if the
adverse claim is registered only after the annotation of the
mortgage at the back of the certificate of title, the adverse claim
could not effect the rights of the mortgagee; and the fact that the
foreclosure of the mortgage and the consequent public auction
sale have been effected long after the annotation of the adverse
claim is of no moment, because the foreclosure sale retroacts to
the date of registration of the mortgage.
25